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2008 Supreme(All) 333

V.M.SAHAI, R.N.MISRA
SHAHZAD AHMAD KHAN – Appellant
Versus
MOHAMMAD AHMAD – Respondent


Advocates:
Counsel :
Syed Wajid Ali for the Appellants; Rakesh Kumar, K.K. Arora, Ramesh Singh and A.K. Singh for the Respondents.

JUDGMENT

By the Court.—This appeal has been preferred by the third party-appellants against the order dated 17.11.2007 passed by Addl. District Judge, Court No. 6, Saharanpur in Original Suit No. 89 of 1999, by which the application 236C2 moved by them under Order I Rule 3, 10(2), Order XXII Rule 10 and Section 151, CPC for impleadment as defendants has been rejected.

2. We have heard Shri Syed Wajid Ali, learned Counsel for the appellants and Shri Rakesh Kumar for the respondents and perused the order passed by the learned Court below.

3. It appears from the record that the aforesaid suit has been filed by the plaintiff-respondents No. 1 and 2 against the defendant-respondent No. 3 for specific performance of contract to sale of the landed property agreement which was allegedly entered into between them on 13.2.1991, a registered document. When the defendant-respondent No. 3 did not execute the sale deed in pursuance to the contract, the plaintiff-respondents No. 1 and 2 filed the suit. In the meantime some more developments took place. During the pendency of the suit on 22nd and 26th May, 2000, the defendant-respondent No. 3 allegedly sold the property in suit to the present third p















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